Terms of Use

1. Scope of application

qwp GmbH („NEXperts“) provides all placement and other services for users on the website https://club.nexperts.ai (the „website“) subject to the following Terms of Use („ToU“). Any terms and conditions that conflict with or deviate from these ToU must be agreed in writing.

By using the website, the user agrees to these ToU. Users of the website may be registered or unregistered. All registered users must be 18 years of age or older at the time of registration. NEXperts reserves the right to check the personal details of users on the basis of suitable evidence and to remove profiles if necessary.

NEXperts only makes the website and the services offered via the website available for business purposes.

2. Subject matter of the service and contract, contractual partners

A. General subject matter of the contract

NEXperts offers an internet-based expert placement service that provides registered and non-registered users, such as partner companies, with functionalities and software for establishing contacts via the website.

The website enables users to publish content (e.g. project offers or profiles) through NEXperts and to use software for expert contact management and matching via databases (e.g. expert database or project database).

NEXperts reserves the right to forward profiles in anonymized form to third parties for the purpose of placement or marketing.

It should be noted that pure recruitment or project management is not part of NEXperts‘ contractual services.

Upon complete registration and the resulting use of the website, the registered user shall be granted the personal, non-transferable and non-exclusive right to use the Website and its contents for his own purposes and only for his own purposes in accordance with these ToU.

NEXperts reserves the right to block the access of users or to delete profiles at any time on the assumption of a breach of these ToU.

NEXperts endeavors to make the Website and its content available without significant interruptions. However, it is expressly pointed out that unrestricted availability, also due to maintenance work, is not guaranteed. In particular, NEXperts shall not be responsible for downtimes due to technical or other problems that are beyond its control (force majeure, fault of third parties, etc.). According to the state of the art, errors in the software cannot be ruled out even if the utmost care is taken.

These ToU can be accessed at any time via the website and printed and saved using the corresponding functions of the web browser.

B. Experts

Contact brokerage

After creating a profile, experts registered on the website („experts“) can use the website to advertise their services. NEXperts can match experts with suitable project offers and suggest or contact them for placement. For this purpose, the website’s matching software searches for suitable project offers and forwards them to experts. If experts express interest in a project, scouts or partner companies are notified and can view the profiles and contact details of the experts. Further communication and any contracts are concluded directly between scouts or partner companies and experts without the involvement of NEXperts. There are no placement fees for experts or scouts for the contact placement. A successful project placement cannot be guaranteed.

The website’s matching software only suggests sufficiently recommended experts for projects. A sufficient recommendation has been made if a scout has submitted a personal recommendation on the expert profile or if at least three previous clients have submitted a recommendation for the expert.

NEXperts may pass on expert contacts to registered users of the website or to partner companies as part of the referral process. Experts agree that personal data may be passed on for the purpose of the referral.

Experts must demonstrate sufficient qualifications for the respective specialist area within the scope of their profile. NEXperts reserves the right to review and, if necessary, remove Expert profiles that do not meet these criteria.

When using the website, experts undertake to disclose all content as well as the existence or content of project offers or other information provided to them by users of the website or partner companies in the context of communication or contracts. This shall not apply to information a) which was demonstrably already known to the Expert at the time it became known to him/her or which subsequently became known to him/her from a third party without violating a confidentiality agreement, statutory provisions or official orders; b) which are publicly known at the time they become known to the Expert or are made publicly known thereafter; c) which must be disclosed due to legal obligations or by order of a court or authority; to the extent permissible and possible, the Expert obliged to disclose shall inform NEXperts in advance in this case and give NEXperts the opportunity to take action against the disclosure. The duty of confidentiality shall remain unaffected by the termination of the contract with NEXperts.

Membership fee and duration of membership

Unless agreed otherwise, the contract of use for a membership is concluded upon completion of registration and is initially valid for a period of one month in the case of free membership or monthly payment, or for a period of one year in the case of annual payment („term“), depending on the payment frequency selected. Unless agreed otherwise, at the end of the term, membership is extended by one month in the case of free membership or monthly payment, or twelve months in the case of annual payment, as long as it is not terminated beforehand. The membership fee is due at the beginning of the respective term. The amount of the membership fee depends on the package selected. An upgrade to a higher-value package is possible at any time.

The right to extraordinary termination remains unaffected in any case.

C. Scouts

Expert contacts

The website offers registered companies or their HR managers („scouts“) functionalities for contact management of specially invited experts and other experts who have been referred via project offers.

Scouts are asked to verify the profiles of specially invited experts and make a personal recommendation for the expert. Scouts agree that these recommendations can be viewed on their own profile and the expert’s profile by other registered users or by partner companies for placement purposes. Through personal recommendations, Scouts promote the placement opportunities of Experts with partner companies or other Scouts who post project offers on the website to find contacts.

Project offers

The website enables the posting of project offers. Project offers are published by NEXperts on behalf of the scouts and must include the name of the company, a detailed description of the project as well as the qualifications sought, remuneration and duration.

The website’s matching software searches for suitable experts and forwards the project offers to them. If experts have expressed interest in a project, scouts are notified and can view the profiles and contact details of the experts. Further communication and any contracts are concluded directly between scouts and experts without the NEXpert’s involvement. There are no placement fees for either party for the contact placement. A successful Expert placement cannot be guaranteed.

Any forwarding or transfer of project offers already posted to third parties without the prior consent of NEXperts is excluded; this does not apply to the Scout with regard to his own project offers. NEXperts reserves the right to publish the project offers on other Internet platforms.

The use of project offers for any purpose other than for the purpose of initiating a service or work contract in relation to actually available projects is not permitted, unless otherwise agreed with NEXperts.

Access to the website, in particular the expert database, is not permitted if access is for the purpose of soliciting experts or partner companies or scouts. NEXperts reserves the right to initially restrict access for Scouts to a certain number of profiles. For each culpable violation of the above prohibition, the Scout shall pay NEXperts a contractual penalty to be determined by NEXperts at its reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.

The forwarding of personal or other contents of the website to persons who are not registered users of the website is only permitted to the Scout with the separate consent of NEXperts, unless this is necessary for the execution of the user contract. In particular, it is prohibited to make the profiles of Experts available to third parties contrary to their intended purpose without the prior consent of NEXperts – even if this is done anonymously.

Membership fee and duration of membership

The right to extraordinary termination remains unaffected in any case.

3. Duties to cooperate

Every user of the website undertakes to protect confidential information and to comply with the usual data protection standards. NEXperts‘ privacy policy can be found here: https://nexperts.ai/en/privacy-policy.

The user may only use his account on the website for business purposes and is obliged to keep access data and passwords safe and not to pass them on to third parties. Should a third party gain access to a user’s account, the user in question is obliged to inform NEXperts of this immediately.

Each user bears sole responsibility for the content of his/her project offers or profile, including the recommendations that can be viewed on the profile. The user guarantees that the information contained in the profile is correct and up-to-date.

4. Recommendations

Experts have the option of requesting recommendations from previous clients for their profile. The following rules must be observed:

Only experts with whom the recommender works or has worked or with whom they have had other business contact may be evaluated.
All information about the evaluated expert and, if applicable, the project must be complete and correct; no untrue statements of fact may be made.

The recommender agrees that personal information provided as part of the recommendation may be visible on the Expert’s profile to other registered users of the website or for referral purposes of partner companies.

NEXperts reserves the right to verify recommendations or to delete them if these ToU are violated.

5. Netiquette

NEXperts reserves the right not to activate profiles, recommendations, project offers, external links or other comments or to delete or block them from the website if, in the opinion of NEXperts, they are defamatory, discriminatory, offensive, pornographic or punishable, violate the rights of third parties, violate legal or official prohibitions, morality or the General Equal Treatment Act or otherwise violate general netiquette. NEXperts also reserves the right to delete spam, calls for campaigns, demonstrations or petitions as well as election or party advertising.

Entries that turn out to be false or untrue will also be deleted by NEXperts.

A gross violation of netiquette may result not only in the removal of the entry, but also in the deletion of the user’s profile.

6. Consequences of termination

After the termination becomes effective, NEXperts shall remove all content of the user from the website. This does not apply to personal recommendations for experts made by Scouts, which will be converted into recommendations from previous clients in accordance with Section 4 and can still be viewed on the experts‘ profiles.

7. Intellectual property

All property rights and intellectual property rights to the Website and the databases, in particular copyrights and rights to trademarks, designs and know-how, shall remain with NEXperts.

Users grant NEXperts a right to use rights in connection with the profile, the recommendation or the project offer for the purpose of providing placement services.

The rights of use for all content uploaded to the NEXperts profile must be held by the user. The user transfers the rights of use to NEXperts insofar as this content contributes to the promotion of the placement of experts.

By naming a company as part of the profile, project offer or recommendation, all users grant NEXperts the unlimited right to use the company name or logo on the website or in the context of other social media appearances for the purposes of mediation or marketing.

The user is obliged to dispose of the rights of use himself.

If a rights holder suspects an infringement of his intellectual property rights on the website, NEXperts
should be notified as soon as possible by e-mail to kontakt@nexperts.ai, stating the affected right and the affected URL.

8. No guarantees

NEXperts does not provide any guarantees with regard to the website or the placement services offered by NEXperts. In particular, no guarantee is given for

the topicality, correctness, completeness or suitability of content or the databases for a particular purpose;
to ensure that transmitted contacts and information are received, read or answered;
the successful placement of experts, or that projects are completed; or
the uninterrupted or fault-free availability of the services.

NEXperts carries out regular backups. Nevertheless, data loss cannot be completely ruled out.

The respective recipient of content is required to check the data received for accuracy and completeness and to report any discrepancies to NEXperts.

9. Liability

NEXperts shall be liable to Users, irrespective of the legal grounds, for damages caused by it or its employees intentionally or through gross negligence. Liability for slight negligence shall only exist in the event of a breach of obligations whose fulfillment is essential for the fulfillment of the contract and on whose compliance the contractual partners may regularly rely („cardinal obligation“). Otherwise, NEXperts‘ liability – also for legal representatives, executives or other vicarious agents – is excluded. The aforementioned limitation of liability shall not apply to claims for damages arising from injury to life, body or health, the assumption of a guarantee of quality or fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected

Any liability for third-party offers advertised or presented on the website or in the content is excluded. Furthermore, NEXperts assumes no liability for the services of mediated experts, payment obligations of Scouts or partner companies or other claims arising from the contract between Scouts or partner companies and experts.

10. Miscellaneous

A. Amendment of these ToU

NEXperts reserves the right to make changes, adjustments or additions to these ToU, provided that the changes do not affect this § 10 or main performance obligations or the changes are equivalent to the conclusion of a new contract. NEXperts shall notify Users of the amended Terms in text form (e.g. by e-mail) at least six (6) weeks prior to their entry into force. The changes shall be deemed approved if Users do not object to them within six (6) weeks after receipt of the notification. If a User exercises the right to object, the changes shall not become part of the contract and the contract shall continue unchanged. NEXperts will separately point out the possibility of objection and compliance with the deadline. The parties‘ right of termination shall remain unaffected.

B. Applicable law and place of jurisdiction

These ToU shall be governed by the laws of the Federal Republic of Germany to the exclusion of private international law.

The place of performance and jurisdiction for all disputes arising directly or indirectly from this contractual relationship is Berlin.

The English translation of these ToU is for convenience purposes only. In case of conflict, the German version shall prevail.

Status: April 18, 2024